House Standing Committee on Health, Aged Care and Disability
Thriving Kids Inquiry
Answer to Question on Notice
Reference: QSC SQ25-000208\
Thriving Kids Inquiry - Complaints Data on Children
Hearing: 22 October 2025 Hansard Page: 3 Asked by: Dr Freelander
Question:
CHAIR: Can I just ask a bit of an add-on to that: are you able to provide us with the data on the number of children and the severity of their disability or the severity of their needs? Ms Glanville: We can give you the numbers of children in the scheme. I think that is probably the best we can do with the data that we have. What we will do is have a look at what we can provide to you. We’ll do as much as we can with what we have and give you that material. CHAIR: It’s important that we look at the severity of needs, so it would be good if you can give us any information. Ms Chambers: The NDIA holds that data. We don’t hold that data. CHAIR: But can you look at the complaints that you get to see the number of complaints about children? Ms Glanville: We can do it in a broad sense, but I understand what you’re asking is something that’s much more— CHAIR: Detailed. Ms Glanville: Detailed, yes. We could do it in a broad sense. CHAIR: Anything you could give us would be very useful.
Answer:
The number of complaints received associated with participants aged 0-8 year as at the date of complaint:
- July 2022 to June 2023 - 325
- July 2023 to June 2024 - 764
- July 2024 to June 2025 - 866
NDIS Quality and Safeguards Commission
Standing Committee on Health, Aged Care and Disability
[Regulatory oversight of behaviour support and restrictive practices for children]
Introduction
More than 739,000 participants receive support from the National Disability Insurance Scheme (NDIS) with approximately 23% being children under the age of nine. Currently, the National Disability Insurance Scheme Act 2013 (NDIS Act 2013) and relevant NDIS Rules apply to all NDIS participants, regardless of age, level of developmental delay or support needs. The proposed Thriving Kids Initiative by the Australian Government will seek to deliver supports for children outside the NDIS and their families, to support their development. The new program will be designed to provide early intervention supports for children (under 9 years) with developmental difference, delay or disability who have low to moderate support needs. Details of the program are still evolving, and it is noted that children with significant and permanent disability support needs will continue to be supported through the NDIS. Given the focus of this initiative will be outside of current NDIS regulation, consideration of the quality and safeguarding arrangements will be critical.
The NDIS Quality and Safeguards Commission (NDIS Commission) is responsible for safeguarding NDIS participants and for regulating NDIS providers who deliver supports and services under the NDIS. This includes NDIS providers that deliver early childhood supports, therapeutic supports and specialist behaviour support services that are accessed by children with developmental delay and autism. Furthermore, the NDIS Commission monitors the use of restrictive practices with NDIS participants, including children under nine years of age.
Restrictive practices refer to ‘any practice or intervention that has the effect of restricting the rights or freedoms of movement of a person with disability.’ There are five kinds of restrictive practices that are regulated by the NDIS Commission, being the use of seclusion, chemical restraint, mechanical restraint, physical restraint and environmental restraint. Under the NDIS (Restrictive Practices and Behaviour Support) Rules 2018, these practices must only be used as a last resort and for the shortest time possible to reduce the risk of harm to the person or others. These practices must be the least restrictive option, proportionate to the risk of harm, outlined in a behaviour support plan and their use authorised in accordance with the relevant state and territory laws and policies. The restrictive practice authorisation frameworks vary across states and territories, however it should be noted that in some jurisdictions (i.e., Victoria, Northern Territory and New South Wales) NDIS providers are prohibited from using seclusion with children and young people under the age of 18 years.
In the 2024-2025 financial year there were 171,940 children under nine years of age receiving support from the NDIS. Of these participants, 803 had funding in their NDIS plan for specialist behaviour support services (under Improved Relationships). Of significant note, 58% of these children (n=466) were subject to regulated restrictive practices.
Restrictive practices can pose significant risks to children including the potential for trauma, injury and long-term adverse impacts on health and wellbeing. The NDIS Commission holds the view that regulation of restrictive practices is a critical element that must be considered in the design and implementation of the Thriving Kids Initiative to ensure the protection of human rights and safeguarding of children with disabilities.
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Response to the Terms of Reference
Evidence-based information and resources
Under section 181H of the National Disability Insurance Scheme Act 2013 (NDIS Act), the NDIS Quality and Safeguards Commission’s (NDIS Commission) behaviour support function provides leadership in relation to behaviour support, and in the reduction and elimination of the use of restrictive practices by NDIS providers. This includes (but is not limited to) developing policy and guidance materials on Positive Behaviour Support (PBS) and restrictive practices.
PBS is a human rights and values led evidence-based approach to the delivery of specialist behaviour support services. It includes an ongoing process of assessment, intervention, and data-based decision making. Delivery of services focuses on skill building, creating supportive contexts through ecological and systemic change and reducing the likelihood and impact of behaviours of concern for a person with disability. PBS relies on person-centred, proactive and evidence informed strategies (outlined in a high-quality behaviour support plan) that are respectful of a person’s dignity and aim to enhance the person’s quality of life and reduce the use or need for restrictive practices.
The NDIS Commission has developed and published numerous guides and resources for NDIS providers that are available on the NDIS Commission’s website: Behaviour support resources | NDIS Quality and Safeguards Commission. Of relevance is the Regulated Restrictive Practices with Children and Young People with Disability: Practice Guide. The Practice Guide promotes the rights and inherent dignity of children and provides best practice guidance consistent with the NDIS Rules and a PBS framework.
The Practice Guide clarifies what constitutes a regulated restrictive practice and what is considered a standard child safety and injury prevention practice. Child safety and injury prevention practices are age appropriate, in line with community standards, and are used irrespective of whether a child or young person has a disability to reduce accidents and promote safety and wellbeing. Examples of child safety and injury prevention practices include holding a child’s hand when crossing the road, the use of child safety gates on stairs and child car restraints. These are not considered restrictive practices. The need for child safety and injury prevention practices reduces with age as children develop skills, grow in independence and are afforded dignity of risk. The continued use of some of these practices into adolescence and beyond is likely to constitute a regulated restrictive practice.
Effectiveness of current (and previous) programs and initiatives
The NDIS Commission promotes the use of a PBS approach in the delivery of behaviour support services in the NDIS. However, there are other programs that are used with children with developmental disability, autism and behaviours of concern, that the Commission is aware of but may not have full visibility of. Research findings suggest that there is no ‘one size fits all’ approach to address behaviour support needs for children and their family, and there is also no consistent evidence to suggest that more intervention leads to better outcomes. The NDIS Commission is of the view that it is essential that practitioners delivering behaviour support to children have the necessary skills and appropriate qualifications, are regulated (eg. by a professional or government body) and only deliver interventions that are within their scope of practice.
There have been incidents and complaints lodged with the NDIS Commission, raising significant concerns regarding the safety of children receiving funded NDIS supports, where providers promoted support models as therapeutic interventions, that were proven to be highly abusive practices against children. These included practices that are not neurodiversity affirming and where the use of some behavioural reinforcements presented safety or ethical concerns, such as the use of punitive or aversive practices.
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This is not aligned to the NDIS Rules and NDIS Commission’s position statement on practices that present high risk of harm to NDIS participants and should never be used (see Rules for behaviour support and restrictive practices | NDIS Quality and Safeguards Commission). Through its regulatory functions the NDIS Commission has taken strong regulatory actions against these providers.
The Thriving Kids program will need to ensure that services that have the potential to impact the human rights of children with disabilities and may include the use of restrictive practices are assessed regarding their suitability for the program, and if so, regulated.
The NDIS Commission has also collaborated with the National Disability Insurance Agency to develop the publication on Quality supports for children _ | NDIS Quality and Safeguards Commission. This publication guides families and carers of children who have NDIS funding for early childhood intervention, therapy supports or behaviour support and provides guiding indicators of whether provider uses quality practices.
Points for consideration
- Foundational supports for children with disabilities and behaviour support needs, should be evidence based, use a PBS approach and be delivered within a human rights framework.
- Consideration should be given to the oversight and regulation of behaviour support and restrictive practices in early intervention programs to protect the human rights of children with disabilities. The reduction and elimination of restrictive practices should remain as a focus for this vulnerable group.
- The concept of choice and control for children with disabilities and their families should be maintained through the availability of a range of high-quality services to meet their unique needs in childhood.
- The importance of voices of children and their families should be considered as central to the program’s design and implementation.
- Careful consideration should be given to ensure there are not gaps in the quality and safeguard arrangements and human rights protections.
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